Dexter Hamilton
Subscribe to Dexter Hamilton's PostsDexter Hamilton focuses his practice on intellectual property litigation matters. Read Dexter Hamilton's full bio.
Damages? Apportionment among licensed properties is essential, $10 million award reduced to $1
By Dexter Hamilton on Oct 9, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court decision excluding a damages expert’s testimony and reducing a jury’s $10 million damages award to nominal damages. The Court found that the plaintiff failed to put forth evidence from which a jury could reasonably determine damages without speculation. Rex Medical, L.P. v....
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Surprise? Last-minute new theory leads to new trial
By Dexter Hamilton on Sep 18, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s denial of a new trial after the defendant introduced a new noninfringement theory on the eve of trial based on test results it previously refused to produce, saying they were not necessary. Magēmā Technology LLC v. Phillips 66, Phillips 66 Co., and...
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Feel the burn: Mechanical improvement is patent eligible under § 101
By Dexter Hamilton on Aug 21, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s partial dismissal of the plaintiff’s patent claims under 35 U.S.C. § 101, finding that the claims were not directed to an abstract idea under Alice step one. PowerBlock Holdings, Inc. v. iFit, Inc., Case No. 24-1177 (Fed. Cir. Aug. 11, 2025) (Taranto,...
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Sound the alarm: Fourth Circuit affirms $190 million verdict based on deceptive trade practices
By Dexter Hamilton on Jul 31, 2025
Posted In Uncategorized
The US Court of Appeals for the Fourth Circuit affirmed a $190 million verdict based on deceptive trade practices, concluding that the district court performed well within its discretion in making the procedural ruling and that the jury verdict was fully supported by the evidence. CPI Security Systems, Inc. v. Vivint Smart Home Inc., Legacy...
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Motivation, expectation of success negate obviousness presumption in overlapping range case
By Dexter Hamilton on Jul 17, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed (on its second review) a district court’s ruling upholding the validity of patent claims related to a long-acting injectable dosing regimen, finding that the presumption of obviousness does not apply automatically and must be grounded in specific factual findings, particularly regarding a skilled artisan’s motivation...
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Radio Silence Alone Doesn’t Prove Equitable Estoppel Defense
By Dexter Hamilton on Jun 18, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment grant based on an equitable estoppel defense, finding that the accused infringer failed to show that the patent owner’s silence or inaction influenced the decision to migrate to the accused system. Fraunhofer-Gesellschaft v. Sirius XM Radio Inc., Case No. 23-2267...
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Not Secret and Not Used: Misappropriation Claim Dismissed
By Dexter Hamilton on Apr 17, 2025
Posted In Trade Secrets
The US Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment in favor of the defendants, finding that the plaintiff failed to identify a trade secret and presented no evidence of its use or disclosure. DeWolff, Boberg & Associates, Inc. v. Justin Pethick and The Randall Powers Co., Case...
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Get a Grip: Not All Cords Have Handles
By Dexter Hamilton on Mar 20, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a district court’s grant of summary judgment of noninfringement because the district court improperly narrowed a claim term during its construction. IQRIS Technologies LLC v. Point Blank Enterprises, Inc. et al., Case No. 2023-2062 (Fed. Cir. Mar. 7, 2025) (Lourie, Linn, Stoll, JJ.) IQRIS sued...
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An Odyssey of Timeliness: Appointments Clause Arguments Must Be Preserved
By Dexter Hamilton on Mar 13, 2025
Posted In Patents
Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board decision that affirmed a rejection of claims in the subject patent application. In the initial appeal, no...
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Small-Market Segment Can Still Satisfy Domestic Industry Requirement
By Dexter Hamilton on Feb 20, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission finding, explaining that small-market segments can be significant and substantial enough to support the Commission’s domestic industry requirement. Wuhan Healthgen Biotechnology Corp. v. International Trade Commission, Case No. 23-1389, (Fed. Cir. Feb. 7, 2025) (Moore, Chen, Murphy, JJ.) Ventria Bioscience...
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